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Case ID: 5855
Classification: Neglect / Abandonment
Animal: dog (non pit-bull)
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Puppy mill - over 150 dogs
Vero Beach, FL (US)

Incident Date: Friday, Oct 28, 2005
County: Indian River

Disposition: Convicted
Case Images: 3 files available

Defendants/Suspects:
» Kathy Stark
» Frank Stark - Not Charged

Case Updates: 3 update(s) available

Indian River County Sheriff's Office investigators said this time they found a pack of evidence against a kennel owner: a sick springer spaniel puppy, a dachshund standing in its own feces and dozens of other potentially abused or mishandled dogs.

Acting on a tip from a veterinarian, they swooped in on the afternoon  of Oct 28 on a long-time dog-breeding operation, Noah's Ark Pet Motel, along a rural section of Old Dixie Highway (6590 Old Dixie Hwy), north of Vero Beach. They ended up taking away 151 dogs.

Sheriff's deputies arrested co-owner Kathy Stark, 56, on two counts of a misdemeanor charge of confinement of animals without sufficient food, water or exercise, officials said. Other charges could be filed, pending the outcome of the investigation, officials said. Sheriff's investigators characterized the business as a puppy mill.

As officers put Stark in a patrol car, she only said, "This is (expletive)."

Her husband, Frank Stark, 55, said, "We have nothing to hide. I can get hundreds of recommendations."

Officers said they didn't arrest him because his wife is the principal operator.

The couple, who live in Sebastian, have run the business for 13 years, Frank Stark said. He couldn't estimate how many dogs have been raised and sold there.

Stark said his wife painted the colorful cartoon characters of dogs on the front of the single-story building at 6590 Old Dixie Highway. "My wife is here 15 hours a day."

When Assistant State Attorney Ed Taylor emerged from the aging, smelly building, he paused before commenting. "It's indescribable," he said. "I love animals. This makes me sick."

Inside, Indian River County Animal Control field supervisor Jeff West found 37 dachshunds and 114 springer spaniels, both puppies and dogs of other ages. He also found one cat.

Kathy Stark immediately signed over custody of 30 of the dogs, which the Humane Society of Vero Beach and Indian River County trucked off to its shelter or to be cared for by local veterinarians. A few other dogs also were taken immediately to veterinarians, officers said.

After county health officials checked the building, the Humane Society was given permission to remove the remainder of the animals Friday night.

"The condition (at the facility) is one of the worst I have ever experienced," said Humane Society Executive Director Joan Carlson.

"We were tight (for space) because of the hurricanes" and bringing in animals from the upper Gulf Coast, Carlson said, but added, "We'll find places for them."

Because the animals are part of an ongoing criminal investigation, Carlson said it is too early to say whether any of the dogs would be put up for adoption. Carlson said the Humane Society didn't need any extra supplies at the moment to care for the dogs.

Sheriff's Office investigators said they have been interested in the facility for years. On Oct 25, several of the couple's dachshund puppies were taken to an animal clinic in Sebastian. The puppies were found to be "extremely dehydrated and severely underweight," yet didn't have medical problems that would prevent them from eating, according to the arrest warrant for Kathy Stark.

Representatives of the animal clinic called the Sheriff's Office and then the State Attorney's Office became involved, said Sgt. Gary Smith with the Sheriff's Office's Grove and Ranch Patrol.

"Some were skin and bones," Smith said after coming out of the building with cages inside and outside in a fenced area with weeds.


Case Updates

A kennel owner who gave up 160 dogs and two cats to the Humane Society last year after authorities raided her facility pleaded no contest to five counts of animal cruelty Wednesday and was placed on five years probation.

Kathy Stark of Sebastian, who operated Noah's Ark Pet Motel on Old Dixie Highway, entered a plea agreement before County Judge Joe Wild which forbids her from working with animals for five years and orders her to pay restitution to the Humane Society of Vero Beach and Indian River County.

Wild set a hearing on April 25 to determine the amount Stark must pay to the Humane Society for the cost of feeding and sheltering the animals.

Assistant State Attorney Ed Taylor estimated the restitution at $40,000, but Stark's attorney, John Power, called the amount "unreasonable."

Taylor said because Stark had no previous criminal history, he did not seek a jail term for the misdemeanor offense of cruelty to animals, which carries up to one year in jail per count.

"We wanted to make sure she was never involved with animals again," Taylor said. "She can have pets, but as far as professional breeding, or working at a pet supermarket, that would be a violation of her probation."

Taylor said there were mitigating circumstances, including Hurricane Wilma, which damaged the kennel a few days before it was raided Oct. 28 by sheriff's deputies. Taylor said most of the dogs have been adopted and are fully healthy, but five of them either died or remain in poor health.

"It's not as if somebody was out there beating or starving dogs," Taylor said. "This was more a case of neglect. There was no criminal intent, she was just overwhelmed by the nature of her business.

"We just don't want her around animals again, and for someone who has dedicated herself to that profession, that seems like a pretty severe punishment."

The raid at Noah's Ark, which was on a rural section of Old Dixie Highway north of Vero Beach, came after deputies received a tip from a veterinarian.

Authorities confiscated 151 animals - whose breeding later increased their total to 160 - and the Humane Society was granted permanent custody of the animals after it filed a civil lawsuit.

Many witnesses testified in the civil suit that conditions at Noah's Ark were so unsanitary that many of the dogs were afflicted by feces-borne parasites and viruses, and some suffered from dehydration, anemia and weight loss.

The Indian River County Health Department shut down the kennel immediately after the raid, citing inadequate sewage disposal facilities.

Stark's attorney, John Power, said it is "ridiculous" for the state to seek restitution while forbidding Stark from reopening her business.

"The only problem with this plea is that they want restitution, yet they say she can't work in the only business that she really wants," Power said. "It's unreasonable to expect someone whose livelihood has been ripped away to come up with $40,000. It's a Catch-22."

Power said he will ask Wild to impose a civil judgment against Stark, which would then have to be collected by the state based on her assets.

"If you do a property search, you will see she has no assets in her name. And one cannot be incarcerated for the inability to pay. There's no debtor's prison in this country anymore."

Stark did not comment on her plea bargain, except to say she plans to leave Indian River County.
Source: TCPalm - March 16, 2006
Update posted on Mar 16, 2006 - 12:44AM 
About one-third of the 152 dogs seized from a Winter Beach dog breeding and boarding kennel will be available for adoption by this weekend from the Humane Society of Vero Beach and Indian River County, officials said Monday.

But some of the animals will need special care because of health problems and their past treatment, officials said.

On Friday, owners of Noah's Ark Pet Motel on Old Dixie Highway legally relinquished the dogs and a cat to the society during a hearing in Indian River County Court. The society has been housing the dogs while the state moves ahead with misdemeanor charges of cruelty to animals and unlawful confinement filed against owners Kathy and Frank Stark of Sebastian.

The Indian River County Sheriff's Office seized the springer spaniels, dachshunds and one cat on Oct. 28. Since then, the society has received 175 adoption applications for the animals, said society Executive Director Joan Carlson.

People have been calling and requests have come in from as far away as Georgia, Carlson said.

Because of the number of requests, the society will be contacting applicants and setting up appointments on Saturday and Sunday. The society is open from 11 a.m. to 4 p.m. daily, except Monday.

Indian River County residents will be given first preference for adoption, Carlson said.

"We want to be fair with everyone," she said, while trying to match the personalities of people and dogs.

Initially, about 50 to 60 of the dogs, from puppies to 6 years old, will be offered for adoption. All are being spayed or neutered and are undergoing health checks. The adoptions will cost $30, plus $35 to $45 for sterilization. Also, depending on the dog, there may be dental fees.

In coming weeks, the society hopes to put more of the dogs up for adoption. Some aren't old enough. Several litters of dogs were born at the shelter, raising the number of dogs to 166.

"That number is growing too," Carlson said. "We have one mother very close to delivery."

Many of the 40 dachshunds have been in quarantine for treatment of the contagious Parvo virus. Their quarantine ends Thursday, so they will be available for adoption in the next month, she said.

Some other dogs have been treated for intestinal parasites or ear mites. A few of the dogs have genetic leg deformities.

Soon after the seizure, four puppies were euthanized because of serious illness or deformities.

All of the dogs largely grew up in cages, she said. "They will need some acclimation to homes. They will need empathy and compassion," Carlson said. "Some of the dogs are fearful and need to learn to trust people."

Besides adopters, the society needs people to temporarily foster dogs so they so they can get used to people and living in a home before adoption.

Once a dog is adopted, the society offers training for new pet owners, and it loans crates for house training.
Source: TCPalm - Dec 6, 2005
Update posted on Dec 7, 2005 - 8:40PM 
The Humane Society of Vero Beach and Indian River County was granted permanent custody Friday of 160 dogs and two cats it came to possess after authorities raided the Noah's Ark Pet Motel on Old Dixie Highway on Oct. 28.

In an agreement reached after a seven-hour hearing before County Judge Joe Wild, kennel operator Kathy Stark and her husband, Frank, agreed to relinquish the springer spaniels, dachshunds and the cats to the Humane Society in exchange for an acknowledgment that they did not abuse or neglect the animals.

Although an agreement was reached in the civil case, Kathy Stark still faces misdemeanor criminal charges of unlawful confinement and cruelty to animals.

The agreement was reached by the Humane Society's attorney, Wayne R. McDonough, and the Starks' lawyer, John Power, after numerous witnesses testified the conditions at the facility were so unsanitary that many of the dogs were afflicted by feces-borne parasites and viruses and some suffered from dehydration, anemia and weight loss.

Two veterinarians testified four of the animals died or were euthanized at their clinics the night they were removed from Noah's Ark.

"Just to know that the animals don't have to go back to those horrible conditions gives us peace of mind," said Joan Carlson, executive director of the Humane Society. "Now we have to make sure they are healthy, parasite-free and have no viruses that may be harmful."

Other witnesses, however, testified they did not observe unsanitary conditions at the kennel, at 6590 North Old Dixie Highway, and were satisfied with the health of dogs they purchased there.

Judge Wild said he would reserve the right to hold a hearing later on whether the Starks would have to pay costs incurred by the Humane Society for the care of the animals, which have increased from 152 to 160 because several dogs gave birth.

Kathy Stark, who did not testify, declined to comment as she left the courthouse, but her attorney said he recommended she not speak because he did not want her to jeopardize her pending criminal charges.

Power said the case pivoted on the testimony of the last witness, Charles L. Vogt III of the Indian River County Health Department, who testified the kennel, which also serves as a breeding business, is shut down indefinitely because of inadequate sewage disposal facilities.

Vogt testified that because fences, sidewalks and structures were built over septic tanks, the kennel was not capable of meeting state standards for sewage disposal.

"There is significant evidence that disease propagation could occur because of unsanitary conditions," Vogt said. "So right now the facility will remain closed."

Power said the Starks decided to surrender the dogs permanently because it will take time to meet state standards for sewage flow capacity.

"Even if the judge had found that the dogs could be returned, there was no facility to return them to, given the fact that the Health Department was not going to let them open the premises," Power said.

Power said the Starks could bring the business up to code "if they wanted to." But he declined to say whether they would reopen the business.

"I can't disclose their conversation with me," he said.

Before the agreement, several witnesses testified animal feces were found on floors, walls and in water containers in the cages, and veterinarian Melissa Mueller of Live Oak Animal Hospital in Vero Beach testified many animals were found to suffer from giardia and spirochetes, which are bacteria that can be transmitted through feces.

Mueller testified one puppy was covered "with more than 200 ticks."

Veterinarian Kelly Donaldson of Highlands Animal Hospital in Sebastian said her clinic took in 41 dogs on Oct. 28, including 16 that were afflicted with parvo, a virus transmitted through fecal matter.

Donaldson said one puppy was so dehydrated that it could not stand up, and was so weak that its veins could not support a needle for intravenous fluids. It had to be euthanized.
Source: TCPalm - Dec 3, 2005
Update posted on Dec 4, 2005 - 11:13PM 

References

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